Brumley v. State

ON MOTION FOR REHEARING

SMITH, Chief Judge.

Appellant seeks rehearing on this court’s opinion released July 21,1987, alleging that on remand the trial court should have been directed to impose a guidelines sentence as a result of the departure reason having *221been declared invalid, citing Williams v. State, 492 So.2d 1308 (Fla.1986); Brown v. State, 509 So.2d 1342 (Fla. 1st DCA 1987); and Foister v. State, 510 So.2d 371 (Fla 1st DCA 1987).

Under the facts herein, we disagree that the above cases are controlling. In the present case, unlike the foregoing cases, the trial court relied on a single…